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| State vs. Fred Lingenfelter
02C01-9709-CC-00354
Originating Judge:Julian P. Guinn |
Henry County | Court of Criminal Appeals | 07/24/98 | |
| State vs. Michael Lewis
02C01-9712-CR-00467
Originating Judge:John P. Colton, Jr. |
Shelby County | Court of Criminal Appeals | 07/24/98 | |
| Court Affirmed on Appeal. Roy L. Crawford v. State, No. 21, Shelby County (Tenn.
02C01-9803-CR-00092
|
Shelby County | Court of Criminal Appeals | 07/23/98 | |
| State vs. Lynn Person
02C01-9712-CC-00470
|
Madison County | Court of Criminal Appeals | 07/23/98 | |
| Alfred Grizzell vs. State
01C01-9709-CR-00409
|
Davidson County | Court of Criminal Appeals | 07/23/98 | |
| State vs. Vincent Hadley
02C01-9710-CR-00414
|
Shelby County | Court of Criminal Appeals | 07/23/98 | |
| State vs. Darron Clayton
02C01-9304-CR-00071
Originating Judge:L. Terry Lafferty |
Shelby County | Court of Criminal Appeals | 07/23/98 | |
| State vs.Carl London
01C01-9710-CR-00458
Originating Judge:J. Randall Wyatt, Jr. |
Davidson County | Court of Criminal Appeals | 07/23/98 | |
| State vs. Melissa Pewitt
01C01-9706-CR-00229
Originating Judge:Jimmy C. Martin |
Wilson County | Court of Criminal Appeals | 07/23/98 | |
| State vs. C. W. McCaleb
01C01-9707-CC-00251
|
Hickman County | Court of Criminal Appeals | 07/22/98 | |
| State vs. Roy Leach
01C01-9705-CC-00189
Originating Judge:William M. Barker |
Williamson County | Court of Criminal Appeals | 07/22/98 | |
| James Gatlin vs. Deanna Gatlin
02A01-9710-CH-00267
Originating Judge:George R. Ellis |
Gibson County | Court of Appeals | 07/22/98 | |
| State vs. Bobby Love
02C01-9809-CR-00261
|
Shelby County | Court of Criminal Appeals | 07/22/98 | |
| Worther Williams vs. Robert Steward
02A01-9712-CV-00311
Originating Judge:James E. Swearengen |
Shelby County | Court of Appeals | 07/22/98 | |
| Jeanie Dianne (White) Hannah vs. Gary Hannah & Carl Hannah
01A01-9712-CV-00694
Originating Judge:Thomas Goodall |
Sumner County | Court of Appeals | 07/22/98 | |
| James E. McGaugh, Jr. vs. Charles & Joyce Galbreath
01A01-9706-CH-00256
Originating Judge:Irvin H. Kilcrease, Jr. |
Davidson County | Court of Appeals | 07/22/98 | |
| 01C01-9703-CR-00078
01C01-9703-CR-00078
Originating Judge:Jane W. Wheatcraft |
Sumner County | Court of Criminal Appeals | 07/22/98 | |
| Robert Wall vs. City of Paris, TN
02A01-9707-CV-00166
Originating Judge:C. Creed Mcginley |
Henry County | Court of Appeals | 07/22/98 | |
| State vs. Melvin Boyd
02C01-9708-CC-00301
|
Lake County | Court of Criminal Appeals | 07/21/98 | |
| State vs. Bryan Bastel
02C01-9708-CR-00312
Originating Judge:Arthur T. Bennett |
Shelby County | Court of Criminal Appeals | 07/21/98 | |
| William J. Chase, Jr. vs. City of Memphis
02S01-9703-CV-00019
|
Supreme Court | 07/21/98 | ||
| State vs. Michael Benson
02C01-9708-CC-00333
Originating Judge:C. Creed Mcginley |
Hardin County | Court of Criminal Appeals | 07/21/98 | |
| State vs. Y'vette vs. Vaden
01C01-9708-CC-00366
|
Rutherford County | Court of Criminal Appeals | 07/20/98 | |
| Danny E. Ray v. The Yasuda Fire & Marine Insurance Company
01S01-9710-CH-00223
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. I The plaintiff seeks an enlargement of a prior award for workers' compensation benefits, as allegedly provided by T.C.A. _ 5-6-241(a)(2). The defendant's motion for summary judgment was granted. Appeal from a summary judgment order in a workers' compensation case is not controlled by the de novo standard of review, but is governed by Rule 56, Tennessee Rules of Civil Procedure. Downen v. Allstate Ins. Co., 811 S.W.2d 523 (Tenn. 1991). Further, no presumption of correctness attaches to decisions granting summary judgment because they involve only questions of law; thus on appeal the reviewing court must make a fresh determination concerning whether the requirements of Rule 56 have been met. Gonzales v. Alman Constr. Co., 857 S.W.2d 42 (Tenn. 1993). II The petitioner suffered a sprained shoulder on November 11, 1994, during the course of his employment by Kantus Corporation. He sustained a seven percent permanent partial impairment as a result of the accident and returned to work after recuperation. His claim for benefits for partial permanent whole body disability was settled on the basis of 17.5 percent, or seventy weeks, arrived at by multiplying his anatomical impairment by 2.5, as directed by T.C.A. _ 5-6-241(a)(1). The settlement was approved on June 3, 1995, upon the joint petition of Kantus Corporation and its insurer, The Yasuda Fire 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. Lee Russell |
Marshall County | Workers Compensation Panel | 07/20/98 | |
| Richard Lee Bennett v. Bridgestone, U.S.A., Inc.
01S01-9710-CH-00236
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issue in this case is whether the trial judge properly dismissed the complaint owing to the failure of the plaintiff to prove by a preponderance of all the evidence that his disability was job-related. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. TENN. CODE ANN. _ 5-6- 225(e)(2). Stone v. City of McMinnville, 896 S.W.2d 548, 55 (Tenn. 1995). I The complaint alleged that the plaintiff experienced a `work-related event' in November 1994 which worsened a `progressively deteriorating back disease.' He is 44 years old and has worked at Bridgestone/Firestone, Inc. continuously from 1985 through April 2, 1996. The onset of back problems was traced to 1988, with no history of a specific injury at any time. On November 5, 1994, he was working in the curing department at Bridgestone when he suddenly could not lift any more tires. At his request, his supervisor helped him complete his work that shift, and he took a vacation day the following day. No particular event or incident caused his inability to work, although two days earlier he had presented himself at the Health Unit at Bridgestone, where he gave a history of back pain for three years and that the pain originally began on "4/11/88." Four days later he again visited the Health Unit for ongoing back pain. Plaintiff first saw Dr. Gregory Lanford on November 14, 1994, to whom he gave a history of three years of back pain with no precipitating trauma. He 2
Authoring Judge: William H. Inman, Senior Judge
Originating Judge:Hon. James Weatherford, |
Knox County | Workers Compensation Panel | 07/20/98 |